Kenyan Court Upholds Right to Access Affordable Medicines<https://go.madmimi.com/redirects/1362155665-976a62d5a52e1725c282f41b2a8aa05d-c94eed6?pa=367868866961088482>
Patricia
Asero Ochieng and Two Others v. the Attorney General & Another High Court of Kenya, April 20, 2012
In April 2012, Kenya’s High Court issued a landmark judgment on access to generic medicines. In a major victory for the AIDS Law Project involved in the case, the Court held that Kenya’s Anti-Counterfeit Act of 2008 violated the right to life, human dignity and health because it restricted access to affordable generic medicines. The decision was the result of three years of legal challenges to the Anti-Counterfeit Act. The petitioners in the case, Kenyan citizens using generic anti-retroviral medications, together with the AIDS Law Project as an interested party, argued that the Act equated generic drugs with counterfeit medicine and consequently threatened access to affordable treatment in Kenya (Articles 26(1), 28 and 43 of the Constitution and article 12 of the ICESCR).
The judgment is vital for millions of people in Kenya who rely on generic drugs for their daily survival. This case also sets an important precedent for other countries currently considering legislation on generic medicines.
For more information, please access the case summary, the decision and other related documents at
http://www.escr-net.org/node/365108<https://go.madmimi.com/redirects/1362155665-0f744b902abd3ea11bfe9f3a32c6c96a-c94eed6?pa=367868866961088482>or contact Daniela Ikawa (dikawa@escr-net.org).
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Daniela Ikawa
mailto:dikawa@escr-net.org